7.  The applicant is a Turkish citizen of Kurdish origin and lives in Adana, Turkey. Her husband, Hacı Sait Macir, was a former HEP (Halkın Emek Partisi-People’s Labour Party) and DEP (Demokrasi Partisi –Democracy Party) delegate. At the material time he was a member of the provincial committee of HADEP (Halkın Demokrasi Partisi – People’s Democracy Party) and was the president of the party’s commission in the Mutlu neighbourhood. He was also the owner of the Güneydoğu cafe in the Yüreğir district of Adana.
8.  On 3 October 1994 the president of the provincial committee of HADEP, Rebih Çabuk and a member of the same committee, Sefer Cerf were shot dead in front of the Güneydoğu cafe. The applicant’s husband witnessed these killings.
9.  On the same day the applicant’s husband was taken to the police station to give a statement. He stated that on 3 October 1994, at 9 a.m., he saw Sefer Cerf collapse after he being shot. He did not see the identity of the two gunmen who immediately ran away. The applicant alleges that her husband was taken to the police station on the pretext of giving a statement. However, he was threatened by the police officers and was asked about his association and friendship with Rebih Çabuk and Sefer Cerf. The applicant also alleges that her husband was continuously subjected to harassment after this incident and that the police closed the Güneydoğu cafe for three days without giving any reasons.
10.  On 5 October 1994, Ahmet Dizman, who was at the Güneydoğu cafe at the time Rebih Çabuk and Sefer Cerf were killed and took Rebih Çabuk to the hospital in his car, was abducted from the Erzurumlular cafe by plain-clothes policemen. He was taken to a deserted field where he was beaten. During this incident the police asked him if he knew Sait Macir. His abductors told Ahmet Dizman that they would kill Sait Macir.
11.  In a record of the  investigation into the killing of Rebih Çabuk and Sefer Cerf dated 10 October 1994, the applicant’s husband appeared among the witnesses who had given statements to the police.
12.  On 30 December 1994 the applicant’s husband was shot in front of the Güneydoğu cafe. He was taken to hospital, where he died on 1 January 1995.
13.  In a police report dated 30 December 1994 it is recorded that one empty 38 calibre cartridge was found at the spot where the applicant’s husband was shot. A sketch of the crime scene was also attached to this document.
14.  On 30 December 1994 two eyewitnesses, Ahmet Sarıkaya and Bilal Ünver, gave statements to the police. They stated that they drove the applicant’s husband to hospital. They did not see the identity of the gunmen.
15.  On 2 January 1995 the applicant was invited to the hospital to identify her husband’s body. At the hospital the applicant gave a statement to the Adana public prosecutor, Vahit Civelek. She stated that her husband had no enemies and that she did not know who could have killed him.
16.  A preliminary autopsy on Sait Macir was carried out on 2 January 1995. It was concluded that he died as a result of gunshot wounds. Blood and organ samples were taken from the body for toxicological examination.
17.  On the same day Mr Civelek requested the Adana Forensic Medicine Institution to conduct the final autopsy examination of Sait Macir’s body.
18.  By letter dated 9 January 1995, with reference to the findings of the ballistics examination of 10 January 1995[1], the Adana Police Headquarters informed the office of the Adana public prosecutor that Sait Macir’s killers were still unidentified.
19.  In a ballistics report prepared by the Criminal Police Laboratory of Adana dated 10 January 1995, it is recorded that one cartridge was submitted for a ballistics examination in relation to the killing of Sait Macir. As to the findings of the examination, the report states that the cartridge examined was a Makarov type, 9 mm and 38 calibre. The cartridge bore no resemblance to any other cartridges from other incidents involving unknown perpetrator killings examined previously by the laboratory.
20.  On 17 January 1994 the Adana Forensic Medicine Institution concluded its toxicological examination. No alcohol or toxic material was found in the blood samples.
21.  On 18 January 1995 the Adana public prosecutor issued a decision of lack of jurisdiction (görevsizlik kararı). The prosecutor decided that, having regard to the evidence in the case file, Sait Macir had been killed by terrorists. The matter therefore fell within the jurisdiction of Konya State Security Court (Konya Devlet Güvenlik Mahkemesi) pursuant to Law no. 3713. The prosecutor ordered that the case file be transferred to the office of the public prosecutor in the Konya State Security Court.
22.  On 24 January 1995 the Adana Forensic Medicine Institute (Adana Adli Tıp Kurumu) finalised the autopsy report on Sait Macir. According to the report, Sait Macir died as a result of gunshot wounds.
23.  On 27 January 1995 the Konya State Security Court Prosecutor issued a decision of lack of jurisdiction (görevsizlik kararı). The prosecutor stated that there existed no evidence to substantiate that Sait Macir had been killed by a terrorist organisation or for ideological reasons. Therefore, the prosecutor decided to transfer the case file to the office of the Adana Public Prosecutor, as the matter did not fall within the jurisdiction of his office.
24.  By letter of 22 February 1995 the Adana Public Prosecutor requested the Adana Police Headquarters to keep him informed of developments in the investigation into the killing of the applicant’s husband every three months.
25.  In a letter dated 20 July 1995 the Adana Police Headquarters informed the office of the Adana Public Prosecutor that the investigation was still being pursued and that the perpetrators had not yet been identified.
26.  On 15 February 1996 the Adana Public Prosecutor requested the Adana Police Headquarters to keep him informed of developments every three months until the end of the statutory prescription period, namely 20 December 2014.
27.  By letter of 19 June 1996 the Adana Public Prosecutor requested the Adana Police Headquarters to see to it that two eyewitnesses, Ahmet Sarıkaya and Bilal Ünver, were summoned to appear before him.
28.  On the same date the Adana Public Prosecutor requested the Adana Police Headquarters to inform him of any recent developments in the investigation into the killing of the applicant’s husband and inquired whether the perpetrators had been identified yet.